Draft:Misconduct by U.S. Customs and Border Protection Officers

Customs and Border Protection (CBP), as the United States' primary border security agency, wields significant power and authority in enforcing immigration, customs, and trade laws.

However, this power has not been without controversy, as numerous allegations and documented cases of misconduct by both CBP officers belonging to the Office of Field Operations (OFO), which conducts inspections at designated ports of entry, and the U.S. Border Patrol, responsible for the apprehension of foreign citizens and illegally imported goods entering the United States between ports of entry, have surfaced over the years. Apart from mistreatment of individuals encountered by CBP, officers have also been reported to engage in internal misconduct against fellow officers. These allegations have raised questions among activists and civil rights advocates about the agency's culture, training practices, oversight mechanisms, and impact on individuals encountering the U.S. border.

Misconduct: Extent and Oversight

U.S Border Patrol

USBP officers, as part of Customs and Border Protection (CBP), are federal law enforcement agents tasked with maintaining the integrity of U.S. borders in border regions, but away from ports of entry themselves. They assume broad powers to fulfill this mandate, including the authority to conduct warrantless searches and seizures within 100 miles of the border, detain and arrest individuals, and initiate removal proceedings. Per, the U.S. Supreme Court case United States v. Martinez-Fuerte, Border officials may stop motorists at fixed checkpoints that are reasonably located relative to the border, to question motorists in the absence of reasonable suspicion of a crime.

Reporting by Advocacy Groups

A report by the American Immigration Council titled "No Action Taken" reveals what it deems a pattern of inaction in response to complaints of abuse against Border Patrol agents. The report analyzed 809 complaints filed between 2009 and 2012, retrieved from CBP via Freedom of Information Act request, with 97% of cases resulting in "No Action Taken." and 1 (0.1% of all cases) leading to an officer's suspension. According to the AIC, this suggests a lack of accountability within the agency and raises questions about the effectiveness of internal oversight mechanisms. The most common complaints involved physical abuse and excessive use of force, aligning with concerns about the potential for abuse of USBP officers' broad powers. The report also highlights the slow processing of complaints, with an average of 122 days for cases that were resolved and 40% of complaints still pending investigation at the time of the report.

The AIC report details numerous complaints of "physical abuse" and "excessive use of force,". For example, the report mentions allegations of agents hitting individuals' heads against rocks, kicking detainees, using racial and anti-gay slurs, forcing individuals to sign documents, threats, sexual assault and harassment, and using pepper spray on juveniles.

A 2011 report by activist group NoMoreDeaths focused specifically on USBP treatment of people in its short-term custody. Using 130 interviews with 12,895 individuals (from 2008-2011) as a source, it claimed instances of individual Border Patrol officers subjecting detainees, including children, to physical violence during apprehension and while in custody. Other alleged misconduct included employing tactics like threats, sleep deprivation, extreme temperatures, and playing traumatic music to inflict psychological harm.

News Reporting

In 2024, NBC News reported that Joel Martinez, who assumed the role of acting deputy chief of USBP in January 2024, is under investigation by CBP's Office of Professional Responsibility after multiple female employees accused him of sexual misconduct stemming from his time working in the Laredo, Texas, border sector. Sources familiar with Martinez’ exit said women allege that he made "aggressive" comments about his desire to have sex with them and that they felt threatened by him and pressured to have sex with him.

In 2019, ProPublica reported on a 'secret' USBP Facebook group (with around 9500 members) where agents joked about the deaths of migrants,

Types of Misconduct

Physical Abuse and Excessive Force

Allegations of excessive force encompass a wide range of actions, from physical assaults and beatings to the unnecessary use of Tasers and pepper spray. These incidents have resulted in serious injuries and, in some cases, even death. Vulnerable populations, including children, pregnant women, and individuals with disabilities, are particularly at risk of harm.

Verbal Abuse and Harassment

Verbal abuse, including racial slurs, derogatory language, threats, and intimidation, has been documented in encounters between CBP officers and individuals at the border. This type of misconduct can create a hostile and degrading environment, contributing to psychological trauma.

Sexual Misconduct

Reports of sexual assault, harassment, and abuse perpetrated by CBP officers against individuals in their custody have raised serious concerns about the agency's ability to protect vulnerable individuals. These incidents represent a gross violation of trust and power.

Denial of Civil Rights

CBP officers are obligated to uphold the constitutional rights of individuals, including the right to due process, access to legal counsel, and the right to seek asylum. However, allegations of denying access to attorneys, coercing individuals to waive their rights, and obstructing the asylum process have been reported.

Systemic Issues

Beyond individual instances of misconduct, systemic issues within CBP have been identified, including a lack of transparency and accountability, insufficient training in de-escalation techniques and cultural sensitivity, and a perceived culture of impunity that discourages reporting of misconduct.

Impact on Individuals and Communities:

The consequences of CBP officer misconduct extend far beyond the immediate harm inflicted upon individuals. It erodes public trust in law enforcement, damages the reputation of the United States as a nation that respects human rights, and can have long-lasting psychological and emotional effects on victims and their families. Furthermore, the disproportionate impact of misconduct on marginalized communities can exacerbate existing inequalities and perpetuate systemic discrimination.

Response and Reform:

In response to growing concerns, CBP has implemented various reforms, including expanded training programs, increased use of body-worn cameras, and efforts to strengthen internal oversight mechanisms. However, critics argue that these measures are insufficient and that more comprehensive reforms are needed to address the root causes of misconduct within the agency. These include calls for greater transparency and accountability, independent oversight, and a shift in the agency's culture towards one that prioritizes human rights and dignity.